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Terms And Conditions

Terms and Conditions

1. Introduction

Welcome to Afloat Digital, operated by J&H Digital Ltd (trading as Afloat Digital). These Terms and Conditions govern your use of our website, services, and software, including the Afloat Digital CRM. By using our website or services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree, please refrain from using our services.

2. Services Provided

Afloat Digital provides comprehensive digital marketing services, including but not limited to:

  • Advertising Services: Ad campaign creation, management, optimisation, and reporting across platforms such as Google Ads, Meta (Facebook/Instagram), TikTok, LinkedIn, and others.
  • Content Marketing: Strategy, content creation (written, video, and graphic), and distribution.
  • Search Engine Optimisation (SEO): On-page and off-page optimisation, technical SEO, keyword research, and link-building.
  • Email Marketing: Campaign creation, automation, segmentation, and analytics.
  • Social Media Marketing: Social media account management, content planning, scheduling, and community engagement.
  • Website Development and Design: Custom website development, redesigns, maintenance, and optimisation for user experience (UX) and conversions.
  • Marketing Automation: Implementation and optimisation of CRM systems, lead generation funnels, and workflows.
  • Analytics and Reporting: Data tracking, dashboard creation, and insights to measure campaign effectiveness.
  • eCommerce Marketing: Strategy, platform optimisation, and campaign management for online stores.
  • Reputation Management: Online review monitoring, response strategies, and brand sentiment analysis.

This list is non-exhaustive and may include other digital marketing activities tailored to meet client requirements. Changes to the scope of services must be agreed upon in writing and may incur additional fees.

3. Fees and Payment Terms

  • All service fees will be outlined in invoices issued monthly at the start of each calendar month. Payments are due within 30 days of the invoice date unless otherwise specified.
  • Late payments may result in service suspension, a 5% monthly late fee, and/or termination of services.
  • Usage-based billing, including charges for phone, SMS, or email communications, is non-refundable.

4. Refund Policy

  • Services are provided on a best-effort basis. Refunds will not be issued once work has commenced.
  • In exceptional cases, a partial refund may be considered, subject to:
    • A written request within 14 days of the invoice due date.
    • Afloat Digital’s sole discretion and retention of fees for completed work and administrative costs.

5. Client Responsibilities

Clients agree to:

  • Provide timely access to all required materials, assets, and platforms.
  • Ensure active cooperation to avoid delays in service delivery.

6. Intellectual Property

All deliverables provided by Afloat Digital remain the intellectual property of J&H Digital Ltd until full payment is received. Unauthorised reproduction, sharing, or distribution of these materials is strictly prohibited.

7. Limitation of Liability

Afloat Digital does not guarantee specific outcomes, including sales increases or search rankings. Our liability is limited to the total amount paid by the client for the relevant service.

8. Non-Solicitation

Clients agree not to engage other agencies or third parties for the same or similar services provided under an active agreement without prior termination of the agreement with Afloat Digital.

9. Termination

Either party may terminate the service agreement with 30 days’ written notice. Upon termination, all outstanding balances must be settled within the agreed invoice terms.

10. Confidentiality

Both parties agree to maintain the confidentiality of non-public information exchanged during service delivery. This obligation extends for three (3) years beyond service termination.

11. Governing Law

These Terms and Conditions are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Force Majeure

Afloat Digital will not be held liable for service delays or failures caused by circumstances beyond our control, including but not limited to natural disasters, labour strikes, or digital communication interruptions.

13. Dispute Resolution

In the event of a dispute, both parties agree to resolve matters through negotiation and, if necessary, mediation. Unresolved disputes will proceed to binding arbitration under the Arbitration Act 1996.

14. Amendments to Terms

Afloat Digital reserves the right to update these Terms and Conditions at any time. Changes will be posted on our website, and continued use of our services constitutes acceptance of the revised terms.

15. Contact Information

For questions or concerns about these Terms and Conditions, please contact us at:
Email: queries@afloatdigital.com
Phone: 0808 160 7300

AFLOAT CRM TERMS AND CONDITIONS:

Canceling your Afloat CRM subscription will impact all of your sub-accounts, including a loss of access to critical data and features. Here’s what happens post-cancellation:

Loss of Access

After cancellation, all of your sub-accounts will lose access to the following:

  1. Contacts: All saved contact data will no longer be accessible.
  2. Conversations: Ongoing and past conversations will no longer be accessible.
  3. Calendars: Any Scheduled Events and Appointments will no longer be accessible.
  4. Automations: Any workflows and automations will stop functioning.
  5. Funnels: All funnels and related data will no longer be accesible.
  6. Phone Numbers and A2P: Your Phone numbers and A2P will be deleted 14 days after cancellation. During this time, you will still be charged for the same. After 14 days , these numbers will be permanently deleted.
  7. Add Ons/Reselling subscriptions : Please note that when a company’s CRM subscription is canceled, any associated add-on subscriptions and associated sub-accounts will also be automatically canceled. Access to these add-ons and related features may no longer be available once the subscription ends.

Data Retention and Account Deletion

Afloat Digital keeps canceled account data for 90 days after cancellation.

During this 90-day period, you can reactivate your account to regain access and retain your data.

These emails are sent from:

crm@afloatdigital.com

Permanent Deletion Is Irreversible

Once an account is permanently deleted, the process is final and cannot be reversed.

Afloat Digital cannot restore deleted Agency accounts, sub-accounts, or account data after the 90-day retention period. Afloat Digital does not maintain backups of purged account data, and our teams cannot override or reverse the deletion process.

Before You Cancel

Before canceling, export or download any important data you want to keep. This may include:

  • Contacts
  • Conversations
  • Calendars and appointments
  • Funnels and websites
  • Automations
  • Invoices, payments, orders, and transactions
  • Products
  • Memberships and courses
  • Reports, audit logs, and other account assets

Options Before or After Cancellation

You may have the following options:

  • Reactivate your account: You can reactivate within the 90-day retention period to regain access and keep your data.
  • Request earlier data deletion: If you want your data deleted before the 90-day period ends, send an email to crm@afloatdigital.com